Faculty News
October 2004

Faculty Activities

Lori Andrews recently gave a speech on cloning at the Library of Alexandria, Egypt. Her other recent appearances include talks on the ethical and legal challenges of bioengineering at a conference sponsored by the National Press Foundation at the University of California, San Diego; biomedical ethics at the Chicago Network; and gene patents at a Congressional briefing in Washington, D.C. She was interviewed by many newspapers and magazines, including People.

Katharine Baker

In September, Professor Baker spoke at the University of Iowa on "A Separate Crime of Reckless Sex," a paper she recently wrote with Ian Ayres. It will be published this Spring in the University of Chicago Law Review. In October, Professor Baker spoke at a conference at Harvard on the ALI Principles' asymmetric construction of parental rights and obligations. Her talk will be published as a chapter in a forthcoming book from the conference.

Graeme Dinwoodie presented "Tripping Up Patent Reform," at the Intellectual Property Workshop held at George Washington University School of Law, Washington, D.C. in October 2004 (with Rochelle Dreyfuss).

"Achieving Balance in Intellectual Property Law: The Role and Effect of the World Trade Organization," was Professor Dinwoodie's topic at the Advanced Patent Law Workshop, DePaul University School of Law in October 2004 (with Rochelle Dreyfuss).

Also in October 2004, Professor Dinwoodie spoke on "IP Conflict of Laws: A Common Law Perspective," at the Conference on Intellectual Property Online: The Challenge of Multi-territorial Disputes at Brooklyn Law School, and on "Using U.S. Courts to Enforce IP Rights Abroad and in Cyberspace: Focus on Copyrights," at the Midwest Intellectual Property Institute in Minneapolis.

In September 2004 Professor Dinwoodie spoke on "Trademark Fair Use: Tolerating Confusion or Tolerating Freedom to Compete and Comment," at the Fourteenth All Ohio Annual Institute on Intellectual Property, Cleveland and Cincinnati, Ohio.

Richard Gonzalez spoke on the subject of the Supreme Court's decision in the Desert Palace case and its impact upon employment discrimination law at the Practising Law Institute's 2004 seminar on employment law in October 2004.

Vivian Gross returned to Kosovo for ten days to work on setting up the law school clinic for the Law Faculty at the University of Pristina.This visit involved planning the curriculum and case selection procedures. The law school clinic project is funded by the American Bar Association Central European and Eurasian Law Initiative.

Philip Hablutzel chaired a two-day seminar at the Chicago Bar Association on "How To Form an Illinois Business Entity: Corporation and its Alternatives" on September 29 and October 1. He presented a paper on the entities available to Illinois businesses and did a summary of the securities laws issues in raising capital for a new enterprise.

On October 6, Professor Hablutzel spoke on "Current Issues Facing Not For Profit Organizations" at a meeting of the Chicago Bar Association's Committee on Corporate and Business Law.

On October 29, Professor Hablutzel did a presentation on "Current Problems in the Governance of Not For Profit Organizations" for the Council of the Illinois State Bar Association Section on Business and Securities Law.

Professor Hablutzel has been re-appointed as a member of the Illinois Secretary of State's Corporate Laws Advisory Committee. He has served on the Committee since 1985. He has also been re-appointed for 2004-2005 to the Illinois Attorney General's Charitable Advisory Council.

Professor Hablutzel was Faculty Chair of Kent's 23rd Annual Conference on Not For Profit Organizations, held in June 2004.

Dan Hamilton will take part in a panel on citizenship at the Southern Historical Association on November 6 in Memphis. Also on the panel are Professor Michael Vorenberg of Brown University and Michael Les Benedict of Ohio State University.

On November 17 Professor Hamilton will present a paper at the University of Illinois-Chicago as part of its Expanding the Circle lecture series. 

Timothy Holbrook was a member of a panel at a luncheon hosted by the Federal Bar Association in Chicago on September 15, 2004. The topic was "Does the Patent System Need Fixing?" The panel reviewed and critiqued the recommendations for patent reform made in the Federal Trade Commission's report entitled "To Promote Innovation:The Proper Balance of Competition and Patent Law and Policy."

On October 8, 2004, Professor Holbrook participated in the Tenth Annual Lewis & Clark Law School Fall Business Law Forum, Markman v. Westview Instruments: Lessons from a Decade of Experience. His talk was entitled ""Procedural Versus Substantive Formalism in Claim Construction."

Professor Holbrook recently presented "Curing Heterosexuality? Moral Signals and the Potential for Expressive Impacts in Patent Law" at DePaul University College of Law at the Edward Manzo Patent Seminar on August 30, 2004.

On Oct. 25, 2004. Professor Holbrook was moderator for the inaugural Federal Circuit Roundtable, a discussion by Chicago area Federal Circuit clerks regarding recent en banc Federal Circuit cases concerning patent law.

Professor Holbrook also moderated the Green Lecture in Law and Technology. The Honorable Arthur J. Gajarsa of the U.S. Court of Appeals for the Federal Circuit was the lecturer this year, discussing the Role of En Banc Review at the Federal Circuit. Timothy Malloy of McAndrews Held and Malloy and Professor Greg Vetter of the University of Houston Law Center offered commentary on the lecture, which was held at Chicago-Kent on October 25, 2004.

Nancy Marder was invited to speak at a conference entitled "Access to Justice: Can Business Co-exist with the Civil Justice System?" held at Loyola Law School (Los Angeles) October 1-2, 2004. The Roundtable in which she participated was entitled "Damage Awards in Personal Injury Litigation," and included speakers from academia, legal practice, small business, and insurance. The focus of Professor Marder's remarks was the civil jury system, including the tools that civil juries could be given to aid in their award of damages. The conference papers will be published in a symposium issue of the Loyola Law Review.

Sheldon Nahmod spoke on the First Amendment at Oak Park Temple on October 17, 2004. On November 19, 2004, he will address New Mexico state and local government attorneys in Albuquerque, New Mexico. His topic is Section 1983. On January 27, 2005, he will speak on Substantive Due Process at a conference presented by the Defense Research Institute in San Diego, California.

Henry Perritt made a presentation in Paris on October 25. His topic was "Nationbuilding, Peacekeeping and International Relations," at a program sponsored by a consortium of European Universities, Northwestern University and the University of Chicago.

Ronald Staudt has been appointed to the ABA Standing Committee on the Delivery of Legal Services. He also serves on the Illinois Equal Justice Coalition and the Chicago Bar Association Legal Aid Committee.

Professor Staudt was inducted as a fellow of the College of Law Practice Management in September 2004.

Professor Staudt continues to speak in a variety of venues about law, technology and access to justice, including presentations at the ABA Council of Appellate Lawyers, Glasser's San Francisco Legal Works, SubTech-2004 at the University of Washington, North Carolina State Bar Association's Access to Justice Conference, University of Maryland's Symposium on Technology and Access to Justice. He will speak at the International Legal Aid Group's upcoming biannual meeting in Ireland.

Joan Steinman has been named to the Advisory Committee on Civil Rules of the U.S. Court of Appeals for the Seventh Circuit.

Richard Warner organized and participated in "Poland without Corruption . . . What is Possible?" held on October 15, 2004 in Lublin, Poland.

Richard Wright was an invited participant in the discussions of the Torts subject section at the Annual Conference of the Society of Legal Scholars in Sheffield, England, September 15-16, 2004. He presented a paper on "Breach of Duty in the Restatements and the Courts" which, together with other papers, is expected be published as a book on Breach of Duty.

Following the Conference, he spent several days at Magdalen College, University of Oxford, where he met with various law professors from the Universities of Oxford and Cambridge.

Research in Progress

Graeme Dinwoodie is working on two chapters. Patents and the Public Domain, will be published in Commodification of Information: The Future of the Public Domain (Hugenholtz and Guibault eds., 2005) (with Rochelle Dreyfuss). Kellogg v. Nabisco: Dual Uses of Trademarks, will be published in Intellectual Property Stories (Dreyfuss and Ginsburg eds., 2005).

Professor Dinwoodie is finishing his paper, Convergence of Rights: The Concerns of the U.S. Supreme Court, which will be published in Proceedings of the Congress of the Association of Teachers and Researchers in Intellectual Property (Groshiede ed., 2004). He is currently writing an article on Trademark Law and Social Norms.

Nancy Marder is currently working on a paper entitled Rediscovering the Civil Jury to be published in Loyola (Los Angeles) Law Review's symposium issue on Access to Justice.

Professor Marder is also working on a review of Civil Procedure Stories (Foundation Press, 2004) for the Journal of Legal Education.

Professor Marder's article Cyberjuries: The Next New Thing? will be published as part of a symposium issue of the British journal Information and Communication Technology Law. Articles for this symposium issue were drawn from the Socio-Legal Studies Association's Annual Meeting in Glasgow, Scotland, where Professor Marder presented her article.

Recent and Forthcoming Publications

Lori Andrews will have her chapter, The Body as Property in the Biotech Era published in Identity in the Digital Age, (Bundes Druckerei, 2004).

Her article, Harnessing the Benefits of Biobanks, is forthcoming in ___ J. Med. L. & Ethics ___ (2004).

Fred Bosselman published two articles this Summer/Fall:

A Dozen Biodiversity Puzzles, 12 N.Y.U. Envtl. L.J. 364 (2004) and Ecological Science for Lawyers: A Book Review, 12 Se. Envtl. L. J. 143 (2004).

Professor Bosselman is now working (with four other co-authors) on the second edition of their energy casebook, Energy, Economics and the Environment, to be published by Foundation Press in 2005.

The manuscript Professor Bosselman wrote with former visiting professor Peter Orebech, The Role of Customary Law in Sustainable Development, has been accepted for publication next year by Cambridge University Press.

Graeme Dinwoodie has two forthcoming articles: Trademarks and Territory: Detaching Trademark Law From the Nation-State, 41 Hous. L. Rev. ___ (2004) (symposium issue).

TRIPS and the Dynamics of Intellectual Property Lawmaking, 36 Case W. Res. J. Int'l L. ___ (2004) (with Rochelle Dreyfuss) (symposium issue).

Professor Dinwoodie also has several forthcoming chapters in books:

WTO Dispute Resolution and The Preservation of The Public Domain of Science Under International Law, in International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime (Maskus and Reichman eds., Cambridge University Press, 2004) (with Rochelle Dreyfuss).

Towards an International Framework for the Protection of Traditional Knowledge (2004) (study commissioned by United Nations Conference on Trade and Development) in Elements of National Sui Generis Systems for the Preservation, Protection and Promotion of Traditional Knowledge: Innovations and Practices and Options for an International Framework (Twarog and Turner eds., 2004).

Use, Intent to Use, and Related Concepts in the United States, in Trademark Use (Philips and Simon eds., 2004) (with Mark Janis).

Conflicts and International Copyright Litigation: the Role of International Norms, in Intellectual Property in the Conflict of Laws (Basedow, Drexl, Kur and Metzger eds., 2004).

Richard Gonzalez has published his article, Depositions in the Age of Summary Judgment in the August, 2004 issue of Trial, the journal of the American Trial Lawyers Association.

Timothy Holbrook will have his paper Presumptions and Formalism in Claim Construction published at 9 Lewis and Clark L. Rev. ___. The paper is the final version of Professor Holbrook's talk at the Tenth Annual Lewis & Clark Law School Business Law Forum.

Sheldon Nahmod will have his article, The Pledge as Sacred Political Ritual, published at ___ Wm. & Mary Bill Rts.J. ___ (forthcoming Spring 2005).

The 2004 Update to Professor Nahmod's two-volume treatise, Civil Rights and Civil Liberties Litigation: The Law of Section 1983 (4th ed. 1997) was published in October 2004 by The West Group.

Ronald Staudt recently completed an essay with Dean Harold Krent, which will be published in a Toledo Law Review Symposium on leadership entitled Leadership Opportunities Hiding in Plain View.

Joan Steinman completed work on the 2005 Pocket Parts for two volumes (volumes 14B and C) of the Wright and Miller treatise, Federal Practice and Procedure, which will be published in April, 2005.

Edited by Lucy Moss
Senior Reference Librarian
Downtown Campus Library